Power going to governors' heads

There is something lost in translation when it comes to governors’ mandate. They want to hear what they want to hear, when they want to hear it, not listen to the Constitution. They have made it their job to go against the grain on any bid against graft and poor governance. They have given impunity a whole new meaning.

But the law is not there to protect thieves and that is what governors are asking the country to do by demanding ‘protection’ for their colleagues implicated in graft, murder et al. Politicians cannot just want to challenge the law or demand for its change if it fails to satisfy their whims. Impunity with horns comes to mind.

Justice Mumbi Ngugi’s order that officials implicated in economic crimes stay away from office was a precedent that was long overdue. It is proper, timely and a legal principle made by higher courts and are binding.

Precedents are not alien; it seems so only in Kenya because it is finally turning impunity on its head. Governors are totally out of order to even think of challenging Justice Ngugi’s decision.

Governors initially wanted immunity from prosecution. Their wish was for law to be frozen until they had finished their term before being charged with corruption.

Corruption

 Then they planned to censor the media from reporting on corruption in the counties, including involvement of governors. Now they are pushing impunity boundaries even further by seeking to work in the same offices they steal from even after being charged with the theft.

If they brazenly stand at a lectern to give a press statement to that effect, they are in the wrong job. They should join the street gangs. Only cartelistic leaders would ask to be allowed to carry on stealing and not be questioned or charged or even lose their post despite short-changing the people.

If we have politicians fighting against anti-corruption measures, there is no hope that this country will ever reverse the damage done to it by corruption.

Elected leaders are there at the behest of the voters, which includes the media. Voters and media have the right to question governors’ activities and criticise if need be.

They should, and must, critique the elected leaders. It forms part of the transparency and accountability policy that politicians themselves enacted into law.

Kenyan leaders end up with a chip on their shoulder as soon as they are elected and immediately assume reversed roles, where voters become their servants.

It is leaders to serve the public. Those in leadership positions need to lead by example by not committing crimes or be dragged to court and charged like anyone else.

Not above the law

Politician aren’t above the law; they just happened to be given a mandate by voters to be the custodians of public funds and the Constitution on behalf of the citizens.

At this rate, we may need to review the standards required of elected leaders. Asking them to get an education is not enough. Any Tom, Dick, Harry and Jacky in politics seems to be a graduate of sorts and fraudulent River Road ‘university’ degrees have found their way to the counties and Parliament. How is an individual, who came on the back of fraudulent credentials, be expected to keep away from fraud?

Politicians ought to understand basic law to interpret most of the Constitution for themselves. If they were conversant with their legal responsibilities, they would not be wasting time and money seeking judicial interpretation on issues that are glaringly criminal.

Asking a governor charged with economic crimes to stay away from a scene of crime means just that. The Council of Governors is just buying time for criminals to hang onto their posts illegally.

Court decisions

The issue on separation of powers also seems alien to our politicians. It seems they only understand it in the text form but have no clue on what it means in practice. When they intimidate and question the work of the Judiciary or refuse to accept courts’ decisions, they are, in fact, saying that they do not respect separation of powers and, by extension, the rule of law.

The counties should be standing cheek and jowl with anti-graft agencies and the courts to rid the country of the scourge of graft. If they had tighter fiscal management policies in the first place, the country would not be losing the billions of shillings under their watch.

Governors need to prove themselves credible by supporting anti-graft measures. Let the CoG throw protective armour around voters and public funds and not their thieving colleagues.

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Public barazas in the name of campaigns are becoming a national security threat. The responsible thing to do is ban them.

Those dying in the chaos are not children of the leaders conducting campaigns but ordinary parents and they deserve protection from our violent political campaigns. We also need to modernise how we campaign.

Freedom of association need not be absolute if public gatherings are a public risk. Learn from past bloody campaigns and elections and say no to them. They stoke violence. Halt them until Election Day to save lives and livelihoods!

[email protected] @kdiguyo